Legislative Election Candidates Reviews Noken System Constitutionality
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Revision Session on requests through voting rules as stated in Law No. 8 of 2012 on the Election of Members of the House of Representatives, House of Regional Representative, and Regional Representatives Council (Pileg Act) held on Monday ( 15/4 ) . Member of Legislative Candidates of Papua province Isman Ismail Asso filed a judicial review with number 31/PUU-XII/2014.

At the second hearing , the applicant has improved the application in accordance with the constitutional judges suggestions in the previous trial . Change the argument of the applicant explained that he felt aggrieved by the application of the phrase cast at Law No. 8 of 2012 . " Because Applicant who is currently a member of legislative candidates who have been following the legislative elections was concerned with the voting phrase . Because in practice in the field is done well deliberation system , or tie vote, or acclamation in order to vote for a candidate , " he said .

In addition, the applicant explained votes system or systems camshaft belt, voting could have been given more than one person . Thus , further such tribe or community group , or clan is agreement , for example, they amounted to 1,000 , or 700 , they will be able to agree we will give to the candidate with the numbers that have been agreed .

" So , the deal does not necessarily have to one candidate yes , but can vary depending on the agreement and each of them is done clan or clan and then it was delivered to officers by the elder . Usually in practice voting with deliberation system is done wisdom preceded by prayer , " he said .

In the main petition , Petitioners argued that voting only by means of the ballot as stated in Article 154 of Law Pileg contrary to paragraph 18B ( 2 ) of the 1945 Constitution . Pileg Article 154 of the Act states " Voting for the election of members of the DPR , DPD, provincial , and Parliament district / city is done by punching one time on the number or symbol of a political party and / or names of candidates on the ballot " . In practice Elections in Indonesia , the Applicant explained , especially in some districts in the Central Highlands region of Papua , voting in elections is not done with the voting / polling , but with a belt system or a voice or acclamation agreement known as the camshaft system . In fact , the Applicant continued , in a number of disputes the results of the election of Regional Head and Deputy Head of Papua , the Constitutional Court in its decision has been admitted to the voting system as a camshaft based practice local customs that are guaranteed by the 1945 Constitution .

This becomes a problem in the community because the formal provisions of Article 154 of Law Pileg and Technical Regulations of the General Election Commission expressly states voting in the election conducted by the ballot so that the Papua Provincial Election Commission refused to accept the voting system on the camshaft legislative elections that will come . According to the Applicant , Author of Law and the Election must not violate the unity of the recognition and protection of indigenous communities and their traditional rights as guaranteed in Article 18B of the 1945 Constitution. ( Lulu Anjarsari / mh )


Tuesday, April 15, 2014 | 17:27 WIB 121